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Your Thoughts, Is This New & Mat Evd


paulcolrain
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im asking you all to judge the new letter at the bottom for your input on if new and material or not..........

my first denial for bilatteral hip strain stemmed from the C&P doc stating that no service connection because in my c-file STRs he couldnt find any high discreet traumatic event that could create my problems.

i had a DR at vamc write a letter : in the letter he stated :

It is of course possible that the rigors of physical activity ( multiple non specific traumas to both hips ) during his time in service accelerated the progression of any diseases and have contributed to his current symptoms. without medical evaluations to view during active duty it would simply be impossible to know. As Such , it seems as likely as not that active duty has contributed to the current level of impaired ability and pain in his hips...

i was denied again after that letter because i was told that the statement says impossible to know without documentation. ( my point was, this should have at least put both Dr. opinion into equipose) anyway i was denied stateing yes new but not material.

so, i get my c-file and find what the Dr. wanted.. 3 evaluations stating hip pain on movement due to physical activity fitness.. i forward these to the doctor and ask for an addendum to his letter. he replied with this new letter that im asking you all to comment on..

the patient provided 3 documents from his service file that serve for the basis of my opinion. they document that he was suffering from bilatteral hip pain at his time in service and suffering from this pain due to physical fitness, marching and running. Given this new information that i did not have it is clear to me that he suffered from hip problems in his time in service.it is therefore my opinion that his current hip problems are more likely than not the result of medical conditions that began in and/or accelerated and exacerbated by his activities as a soldier......

?????????? what you all think ???????

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That is considered material and can be used in an appeal issue. .

Using this info, ask for reconsideration.

J

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its a 50/50. I really think it is really up to the C&P doctor and the rater no matter how good your evidence is.... hopefully you will get it, ive been at this for over a decade

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It sounds like 50/50. IMHO, I would only add that in your request for reconsideration and or NOD that you attach the documents that you provided to your doctor to review. Also to list your duty station, the date when you were treated and the clinic/hospital you were treated. If you have a page number of the documents that were in your C-file you can also list those. My point is basically don't give VA another opportunity to deny your claim. Keep in mind that a request for reconsideration is the same as requesting VA to reopen your claim. If it has been a year since your denial you will have to reopen the claim.

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These two statements together should get you a slain dunk award of service connection. At minimum benefit of doubt is in play.Both medical opinions and documentation in the service treatment records I can't see how they can deny....Get this on file like yesterday. ..You will win.

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"It is of course possible that the rigors of physical activity ( multiple non specific traumas to both hips ) during his time in service accelerated the progression of any diseases and have contributed to his current symptoms. without medical evaluations to view during active duty it would simply be impossible to know. As Such , it seems as likely as not that active duty has contributed to the current level of impaired ability and pain in his hips..."

This suggest to me that you had a pre existing condition prior to service.



the patient provided 3 documents from his service file that serve for the basis of my opinion. they document that he was suffering from bilatteral hip pain at his time in service and suffering from this pain due to physical fitness, marching and running. Given this new information that i did not have it is clear to me that he suffered from hip problems in his time in service.it is therefore my opinion that his current hip problems are more likely than not the result of medical conditions that began in and/or accelerated and exacerbated by his activities as a soldier......

This suggests to me that the pre existing condition (.possibly bi lateral hip pain )... was " aggravated" by service.

Yes I agree this is N & M. However, is the hip condition worse than it was in service and does the C & P exam results reflect it at a ratable level?

Does the 50% you get now have any bearing or association with this hip pain?

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